draft pc staff report - henry saviers km input (1) 2

TO: Planning Commission FROM: Juan Martinez, Planner DATE: November 15, 2018 SUBJECT: Planning and Zoning Permit No. 14-535-02. Property Located at 5557 and 5527

Saviers Road (APNs: 220-0-011-280 and 220-0-011-270). 1. Recommendation: That the Planning Commission adopt a resolution approve Planning

and Zoning Permit No. 14-535-02 (Density Bonus), subject to certain findings and conditions.

2. Project Description and Applicant: Request for approval of a Major Modification to a

Density Bonus Permit to grant one concession/incentive pursuant to Government Code Section 65915(d) (State’s density bonus law). Approval of a Density Bonus concession is requested to permit the private open space/patio space associated with five units facing Saviers Road to exceed the City’s Noise Ordinance standard of 50 decibels from 10:00 p.m. to 7:00 a.m. (the “Project”). Filed by designated agent, Henry Casillas, on behalf of Ormond Beach, LP, 1259 E. Thousand Oaks Blvd. Thousand Oaks, CA 91362 (the “Applicant”).

1) Existing & Surrounding Land Uses: The vacant 1.8 acre site is located within the

Southwinds neighborhood. The following table lists the surrounding land uses immediately adjacent to the site (see Attachment A).

Location General Plan Land Use Designation

Zoning Existing Land Use

Project Site Commercial General (CG) C-2

Undeveloped - Urban

North Residential Low (RL),

R1-PD

Existing Southwinds Residential Dwellings

South Hueneme Road ILT (Light Industrial)

M1-PD

Existing Industrial and Undeveloped Land

West Residential Low (RL) Residential Medium High

(RMH)

R1-PD R3 and R4

Existing Southwinds Single-Family and Multi-Family

Residential East Residential Low (RL) R1-PD

Existing Southwinds Single-

Family Residential

PZ No. 14-535-02; Ormond Beach Villas Planning Commission Date: November 15, 2018 4) Background Information: The 1.8 acre vacant site is located at 5557 and 5527 Saviers Road.

On May 28, 2014, the Applicant submitted a request for approval of a Special Use Permit (SUP), Density Bonus Permit, and Tentative Tract Map to allow construction of a 40-unit mixed-income residential condominium project. On April 2, 2015, the Planning Commission denied the SUP citing parking, density, and future water supply concerns, among others. The denial was appealed by the Applicant. At a public hearing on May 19, 2016 the City Council overturned the Planning Commission’s decision and approved the SUP, Density Bonus, and Tentative Parcel Map. Approval of a Density Bonus permit increased the density on the project from 18 to 22 dwelling units per acre (see Attachment B – Project Plans).

Subsequently, the project was purchased by Many Mansions, who on July 22, 2016, completed a minor modification and converted the project to a 100% affordable rental development serving veteran families earning 30% to 50% of the area median income (AMI). Other exterior and site plan changes approved as part of the minor modification included: the addition of a one bedroom unit in place of existing unit types, and minor floor plan changes to one building to accommodate a common room and management office.

5) Environmental Determination: Based on California Environmental Quality Act (CEQA)

Statute §21159.23, affordable housing projects on infill properties, such as the subject project, are statutorily exempt from CEQA review. Additionally, this Project is Categorically Exempt from CEQA pursuant to Section 15061 (“General Rule”), and Section 15332, Class 32 exemption (In-Fill Development) of the CEQA Guidelines.

6) ANALYSIS:

a) Density Bonus: The project is a tax credit development comprised of 40 very low income units. The project is considered 100% affordable and is therefore eligible for three concessions. Government Code §65915 (d)(1)(2)(C) states that since the project is 100% affordable the project is eligible for three concessions. The law states the following: “Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 perfect for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.”

Additionally, section (e)(1) states “in no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of a subdivision (b) at the densities or with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county.” The project is

PZ No. 14-535-02; Ormond Beach Villas Planning Commission Date: November 15, 2018

utilizing two concessions; the applicant is requesting a third concession for the exterior noise level requirement for private patios. When the project was originally approved, two concessions were granted as follows:

DEVELOPMENT

STANDARD REQUIREMENT PROPOSED COMPLIES

? Interior yard space

16-63

30% of lot area = 23,857 s.f. with min. dimension of 15' x 15'. May not include vehicle parking or circulation areas. 25% of required IYS may be provided by deck space if minimum 10' x 10'. Area open from grnd to sky (see exceptions 16-304-16-307).

Concession No. 1 Requested Per Gov. Code § 65915

15,725 s.f. (approx. 20%) proposed with minimum dimension of more than 15 feet x 15 feet. Patio areas are 10 feet x 10 feet.

Yes, with Density Bonus Concession No. 1

ATTACHED DWELLING UNIT STANDARDS

Building Separation 16-362 (B)

Equal to the height of the taller structured = 35 feet Concession No. 2 Requested Per Gov. Code § 65915

20 feet Yes, with Density Bonus Concession No.2

With the project being 100% affordable, the project is entitled to receive up to three concessions. The applicant is seeking a third concession to allow exterior patio space for five (5) units facing Saviers Road to exceed the City’s Noise Ordinance provisions. The City’s Noise Ordinance (Oxnard City Code Section 7-185) specifies that exterior residential noise levels shall not exceed 55 decibel (dBA) from 7:00am to 10:00 p.m. and 50 dbA from 10:00 p.m. to 7:00 a.m. A sound study for the project indicates that the exterior patios would be subject to noise from Saviers Road approaching an estimated 60 dBA, a difference of 5 decibels. A condition of approval on the SUP requires compliance with the City’s Noise Ordinance. During the plan check review process, it was determined that exterior noise levels for these five patios facing Saviers Road, exceed the City’s a.m. and p.m. noise thresholds. The patio space for these five units is considered private patio space – interior yard space (IYS). In response to this requirement, the applicant evaluated design options to achieve compliance with the OCC. Options discussed with the applicant and applicant’s team were as follow:

• Option 1 - Install Plexiglas enclosures at five of the patios facing Saviers Road. The applicant is concerned about the installation of the enclosures for the following reasons: Unsightly appearance from a pedestrian and architectural perspective. The Plexiglas material may incur etch graffiti and creates on-going maintenance

PZ No. 14-535-02; Ormond Beach Villas Planning Commission Date: November 15, 2018

issue. The 6-foot Plexiglas and patio enclosures may become “heat boxes” thus rendering

the patios unusable.

• Option 2 – Install solid build elements to “buffer” noise from Saviers Road. Require plans to be redesigned facing Saviers Road. The Police and Planning Departments were generally not supportive of this design

option because of safety and security that an enclosure would create. Additionally, when designing projects Planning and Police Department staff consider Crime Prevention Through Environmental Design (CEPTED) when evaluating development projects. Installation of solid building elements to “screen” and lessen noise levels within patio areas facing Saviers Road would impact these CEPTED principals.

7) Community Workshop and Public Input: An additional Community Workshop is not necessary because there is no change to the exterior of the building. The exterior design remains consistent with what is approved by the City Council and presented to the community. Approval or denial of the Major Modification would not impact the underlying entitlements that were approved by the City Council on May 19, 2016.

8) Appeal Procedure: In accordance with Section 16-545 of the City Code, the Planning

Commission’s action may be appealed to the City Council within 18 days after the decision date. Appeal forms may be obtained from the City Clerk and must be submitted with the appropriate fees before the end of the appeal period.

Attachments:

A. Maps (Vicinity, General Plan, Zoning) B. Reduced Project Plans C. Resolution of Approval

Prepared by: ________ JM Approved by: _______ KM

ILT

CG

RL

PRK

RMH

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ESM

HUENEME RD

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CO

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TLAN

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CO

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ALLEY

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OR

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CLARK CT

IRWIN WAY

CARLISLE CT

GRISSOM WAY

CUESTA DEL MAR DR

ALLEY

2030 General Plan Land Use Map

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2030 General Plan Land Use Map

November 5, 2018 1:2,500Oxnard Planning

CG

CG

PZ 18-550-01Location: 5527-5567 Saviers Rd.

220011280, 222011270Orrmond Beach Villas

SAVIERSRD

COURTLANDST

CONNER

DR

W HUENEME RD

BARRYMOREDR

CLARK CT

E HUENEME RD

IRWIN WAY

CARLISLE CT

CUESTA DEL MAR DR

GRISSOM WAY

Aerial Map

Aerial Map

November 5, 2018Oxnard Planning

0 125 250 375 50062.5

Feet

PZ 18-550-01

Location: 5527-5567 Saviers Rd.

220011280, 222011270

Orrmond Beach Villas

M1PD

R1PD

C2AH

R3

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CPDAH C2PDAH

HUENEME RD

SAV

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TLA

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GRISSOM WAY

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Zoning/Specific Plan Map

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Zoning/Specific Plan Map

November 5, 2018 1:2,500Oxnard Planning

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PZ 18-550-01

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Vicinity Map

0 0.5 1 1.5 2Miles

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N


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Santa Clara River

Vicinity MapPZ 18-550-01Location: 5527-5567 Saviers Rd.


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Radius Map

Radius Map


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LegendPZ 18-550-01

Parcels within 300-feet

300-feet



RESOLUTION NO. 2018-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OXNARD APPROVING PLANNING AND ZONING PERMIT NO. 18-550-01 (DENSITY BONUS) FOR AN AFFORDABLE HOUSING PROJECT THAT WILL BE 100% AFFORDABLE ON A 1.82 ACRE PARCEL LOCATED AT 5557 AND 5527 SAVIERS ROAD, SUBJECT TO CERTAIN FINDINGS AND CONDITIONS. FILED BY DESIGNATED AGENT, HENRY CASILLAS, ON BEHALF OF ORMOND BEACH, LP, 1259 E. THOUSAND OAKS BLVD. THOUSAND OAKS, CA 91362 (THE “APPLICANT”).

WHEREAS, on April 2, 2015, the Planning Commission of the City of Oxnard (“Planning

Commission”) conducted a duly noticed public hearing to consider Applicant’s request for a twenty-one percent (21%) density increase over the otherwise maximum allowed density and two (2) incentives/concessions to permit construction of five structures with a total of 32 market rate and 8 affordable condominium units and on-site amenities on a 1.82 acre site located at 5557 and 5527 Saviers Road (APN 222-0-011-027 and -028) (the “Project”) in accordance with Section 16-410 through 16-423 of Oxnard City Code; and

WHEREAS, the Planning Commission considered Planning and Zoning (PZ) Permit No. 14-535-02

(Density Bonus); PZ 14-500-03 (Special Use Permit); and PZ 14-300-04 (Tentative Tract Map) and took action to deny the Project; and

WHEREAS, on May 19, 2015, the City Council adopted Resolution No. 14,746 overturning the

decision of the Planning Commission and approving Planning and Zoning Permit No. 14-535-02 (Density Bonus); PZ 14-500-03 (Special Use Permit); and PZ 14-300-04 (Tentative Tract Map) to authorize a twenty-one percent density increase over the otherwise maximum allowed density and two incentives/concessions to permit construction of five residential structures with a total of 32 market rate and 8 affordable condominium units and on-site amenities on a 1.82-acre site located at 5557 and 5527 Saviers Road (APN 222-0-011-027 and -028), subject to certain findings and conditions.

WHEREAS, on July 22, 2016 the Planning and Environmental Services Manager approved a Major

Modification (PZ 16-140-15) to change the project from residential condominiums to an all affordable residential apartment, add one bedroom units in place of existing unit types, and make minor changes to the floor plan of one building to accommodate a common room and management office; and

WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing that

the following circumstances exist:

(1) The proposed use in in conformance with the City of Oxnard 2030 General Plan and

the elements thereof and other adopted policies of the City of Oxnard, with the

approval of the requested density bonus.

(2) That the proposed project meets the criteria set out in Government Code Section

65915 as the project is 100% affordable and is therefore eligible for 3

concessions/incentives.

Resolution No. 2018-_____ PZ 14-535-02 (Ormond Beach Villas) November 15, 2018 Page 2

WHEREAS, the Planning Commission approves a density bonus concession to allow five patios facing Saviers Road to exceed the OCC Noise Ordinance provisions in accordance with Section 16-410M of the Oxnard City Code.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Oxnard hereby approves the density bonus concession, subject to the findings and conditions of approval herein.

CONDITIONS OF APPROVAL

Note:

The abbreviations below identify the City department or division responsible for determining compliance with these standard conditions. The first department or division listed has responsibility for compliance at plan check, the second during inspection and the third at final inspection, prior to issuance of a certificate of occupancy, or at a later date, as specified in the condition. If more than one department or division is listed, the first will check the plans or inspect the Project before the second confirms compliance with the condition. The italicized code at the end of each condition provides internal information on the source of each condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2).

DEPARTMENTS AND DIVISIONS

CA City Attorney PL Planning Division

DS Dev Services/Eng Dev/Inspectors TR Traffic Division

PD Police Department B Building Plan Checker

SC Source Control FD Fire Department

PK Landscape Design CE Code Compliance GENERAL PROJECT CONDITIONS

1. This permit is granted for the property described in the application on file with the Planning

Division, and may not be transferred from one property to another. (PL, G-1).

SPECIAL PROJECT CONDITIONS

2. Except as modified by this request, all permit conditions of PZ 16-140-15 as well as PZ 14-

535-02 (Density Bonus); PZ 14-500-03 (Special Use Permit); and PZ 14-300-04 (Tentative Tract Map) shall remain in full force and effect.

3. This permit shall automatically become null and void 36 months from the date of its issuance, unless Developer has diligently developed the proposed project, as shown by the issuance of a grading, foundation, or building permit and the construction of substantial improvements. (PL, G-3)

Resolution No. 2018-_____ PZ 14-535-02 (Ormond Beach Villas) November 15, 2018 Page 3

PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Oxnard on this 15th day of November, 2018. Vincent Stewart, Chair

I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held on the 15th day of November, 2018, and carried by the following vote:

AYES: Commissioner(s): NOES: Commissioner(s): ABSENT: Commissioner(s): ABSTAIN: Commissioner(s):

Kathleen Mallory, Secretary

draft pc staff report - henry saviers km input (1) 2

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